“Found Footage” & The Fantasy Defense: Why a Confession Is Not Enough to Convict

By: John Guidry

I rarely watch horror movies, but I’ve seen enough to know that most of the plots focus on young kids doing something stupid—like entering a creepy abandoned house for no good reason. Comedians like Eddie Murphy and Orlando Jones have long pointed out the difference in survival instincts.

• The Trope: If a ghost whispers “Get out,” the black family leaves immediately. Movie over in 30 seconds.
• The Reality: The white family decides to investigate the attic.

The “Found Footage” Genre: Films like The Blair Witch Project and the controversial 1980 classic Cannibal Holocaust rely on the premise of “Found Footage”—documentary evidence left behind by missing people.

• Cannibal Holocaust was so realistic that the director was actually arrested for murder until the actors showed up on TV to prove they were alive.
• The Lesson: Just because you see a “record” of a crime doesn’t mean the crime actually happened.

Believe it or not, our Florida case for today involves “Found Footage” (of sorts)—a personal journal found by roommates.

Did the police find your private journal and charge you based on your thoughts?

Fantasy is not a crime. Call John today at (407) 423-1117.

The Case: State v. Tumlinson (The Journal Confession)

In State v. Tumlinson, (Fla. 2nd DCA 2016), Mr. Tumlinson was charged with Lewd or Lascivious Molestation.

• The Evidence: Roommates found his journal. It contained graphic, disturbing entries describing sexual contact with a 1.5-year-old child.
• The Confession: When questioned, Tumlinson admitted to writing the journal. He admitted to touching the child’s diaper but claimed the rest was “Pure Fiction”—a fantasy he wrote down to deal with his impulses.
• The Problem: The child was too young to speak. There was no physical evidence (DNA, injury). There were no witnesses.

The Question: Can you convict a man based only on his written words and a partial confession, without any proof that a crime actually took place?

The Ruling: The “Corpus Delicti” Rule

Fortunately, the law demands evidence to support accusations. We call this the Corpus Delicti rule (Body of the Crime).

• The Rule: A person’s confession is not sufficient evidence to convict where no independent evidence exists to substantiate that a crime occurred.
• The Logic: We don’t want to imprison mentally ill people who confess to murders that never happened. The State must prove a crime happened before they can use the confession.

The Sex Crime Exception (Section 92.565): Florida law tries to bend this rule for sex crimes against children (since there are rarely witnesses). However, the Court ruled that even under this exception, the State must show “Competent Substantial Evidence” that corroborates the confession.

The Verdict: The Appeals Court affirmed the dismissal of the charges.

• Why? Proving Tumlinson had the opportunity (was alone with the baby) and the desire (the journal) is not the same as proving the act.
• The Result: Without independent proof that the child was touched, the journal remained just a story. A disturbing story, but not a crime.

John’s 2026 Update: AI Diaries & The “Deepfake” Confession

Note: In 2016, Tumlinson claimed he wrote fiction. In 2026, defendants claim the AI wrote it.

1. The “Generative AI” Defense In 2026, many people use AI tools (like ChatGPT or creative writing bots) to generate stories.

• The Defense: If police find a disturbing story on your laptop, we argue: “My client didn’t write this as a confession. He prompted an AI to write a horror story, and this is the output.”
• The Challenge: The State must now prove human authorship of the digital evidence, which is increasingly difficult.

2. Smart Home Surveillance (The Silent Witness) In Tumlinson, the lack of evidence saved him.

• The 2026 Reality: Most homes have “Always On” listening devices (Alexa, Google, Apple Home).
• The Evidence: If a journal claims a crime happened at 2:00 PM, we pull the Smart Home data. If the ambient audio logs show total silence (no crying, no movement) at that time, we use the “Digital Silence” to prove the journal is fiction.

3. “Thought Crimes” & VR Prosecutors are now trying to charge people for actions taken in Virtual Reality (VR).

• The Danger: If you enact a crime in a hyper-realistic VR simulation, is that a “Confession” of intent?
• The Law: Currently, Florida law still holds that VR actions are fantasy. Unless the VR involves images of actual real children (CSAM), acting out a crime in the Metaverse is not a crime in the physical world. Corpus Delicti still requires a physical victim.

Thoughts Are Not Crimes

The government cannot lock you up for what is in your head or your diary. They need proof of an act. If all they have is your words, they don’t have a case.

Call me at (407) 423-1117. Let’s suppress the journal.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.